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(영문) 수원지방법원 2014.10.23 2014노4660
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing of the lower court (compacting eight months of imprisonment) is too unreasonable.

However, each of the crimes of this case committed on the board means that the defendant, together with C, would report the victim's illegal business to the police if the defendant did not refund KRW 80,000 won to the victim F, who is the singing-ing-ing-ing-ing-ing-sing-ing-ing-ing-ing-ing-ing-sing-ing-ing-ing-ing-s-ing-ing-ing-ing-ing-ing-ing-s-ing-ing-ing-ing-ing-s-ing-ing-ing-ing-s-ing-ing-s-ing-ing-ing-s-ing-ing-s-ing-s-ing-ing-ing-s-ing-ing-ing-s-ing-ing-s-ing-s-ing-s-ing-s-ing-s-ing-s-ing

In addition, in 2013, the defendant has a number of criminal records, including being punished by a fine for violation of the Punishment of Violences, etc. Act (joint conflict) in one time.

However, considering the fact that the crime against the victim F committed an attempted crime, the victim I's damage amount is only 2,40,000 won, the victim F expressed his intention that the defendant would not want the punishment against the defendant in the prosecutor's office and the court below, the victim I expressed his intention that the defendant would not want the punishment against the defendant in the court below, the defendant has the time of self-esteem while living in custody for a period of less than six months as the case in this case, the defendant recognized the mistake and reflects all other circumstances that are the conditions for the sentencing specified in this case, the sentencing of the court below is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

another judgment.

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